ESI Policy [India]

Default Logo
Max 4 MB | PNG, JPG

ESI Policy [India]

Company Name:

Effective Date:

Policy Owner:

Approved By:

ESI Code Number:

1. Purpose & Scope

1.1 This policy establishes the framework for the Organization's compliance with the Employees' State Insurance Act, 1948 (the ESI Act), which provides for a self-financing social security and health insurance scheme for Indian workers. The ESI scheme provides medical, sickness, maternity, disablement, and dependants' benefits to covered employees and their families. This policy applies to all establishments of the Organization that fall within the ambit of the ESI Act — generally, factories employing 10 or more persons and other establishments employing 20 or more persons in notified areas — and covers all employees drawing gross wages up to the current ESI wage ceiling of Rs. 21,000 per month (or such revised ceiling as may be notified by the Central Government). The Organization shall ensure timely registration, contribution, and compliance with all provisions of the Act to protect the health and welfare entitlements of its eligible workforce.

1.2 The HR department shall register all eligible employees under the ESI scheme through the ESIC portal within 10 days of joining, generate their Insurance Numbers (IP numbers), and issue Pehchan Cards. The Payroll department shall ensure that employee and employer ESI contributions are correctly computed, deducted, and remitted to the ESIC through the online challan system by the 15th of the month following the wage month. Half-yearly returns shall be filed within the prescribed timelines. The HR department shall maintain an up-to-date register of covered employees and shall monitor changes in employee wages that may affect ESI coverage eligibility, particularly when employees' wages cross the statutory ceiling during a contribution period.

2. Contribution Rates & Wage Definition

2.1 ESI contributions shall be computed on the gross wages of the employee, which includes all remuneration paid in cash, including basic wages, dearness allowance, city compensatory allowance, overtime wages, payment for holidays, and any other payment as defined under Section 2(22) of the ESI Act. The current contribution rates are: employee's contribution at 0.75% of gross wages and employer's contribution at 3.25% of gross wages, totalling 4.00% of gross wages. Employees earning daily wages of up to Rs. 176 (or such revised amount as may be notified) are exempt from paying their share of contribution, though the employer's contribution remains payable. Wages exclude annual bonuses, conveyance allowance paid for duty, encashment of leave, gratuity, and retrenchment compensation. The Payroll department shall apply the correct wage definition and exemptions when computing ESI contributions each pay period.

2.2 ESI coverage operates on a dual contribution and benefit period cycle. The two contribution periods are April to September and October to March of each year. The corresponding benefit periods are January to June and July to December respectively, creating a 6-month lag between contribution and benefit eligibility. Once an employee is covered under the ESI scheme at the beginning of a contribution period (i.e., their wages are at or below the statutory ceiling on the first day of the period), they remain covered for the entire contribution period and the corresponding benefit period, even if their wages subsequently exceed the ceiling during that contribution period. However, if an employee's wages are above the ceiling at the beginning of a new contribution period, they shall cease to be covered from that period. The HR department shall track wage changes at the start of each contribution period to determine continued eligibility.

3. Benefits Under the ESI Scheme

3.1 Covered employees (Insured Persons) and their dependants are entitled to the following benefits under the ESI scheme: Medical Benefit — full medical care at ESI hospitals, dispensaries, and empanelled facilities, including outpatient treatment, hospitalisation, specialist consultations, and prescribed medicines, available from day one of coverage for the employee and their family; Sickness Benefit — cash compensation at 70% of average daily wages for up to 91 days in two consecutive benefit periods, available after contributing for 78 days in the relevant contribution period; Extended Sickness Benefit — at an enhanced rate of 80% of wages for up to 2 years for specified long-term diseases such as tuberculosis and cancer; Maternity Benefit — full wages for 26 weeks (extendable by 1 month on medical advice), available after contributing for 70 days in the preceding two contribution periods; Disablement Benefit — 90% of average daily wages during temporary disablement for as long as the disablement lasts, and a monthly pension for permanent disablement based on the degree of disability assessed by a Medical Board.

3.2 Dependants' Benefit is payable as a monthly pension to the eligible dependants (widow/widower, children, and dependent parents) of an insured person who dies as a result of an employment injury or an occupational disease notified under Section 52A of the ESI Act. The pension is distributed among dependants in proportions prescribed by the scheme: the widow/widower receives 3/5 of the full rate, each surviving child receives 2/5 of the full rate (subject to the aggregate not exceeding the full rate), and dependent parents receive a prescribed monthly amount if there is no widow/widower or child. Funeral expenses of up to Rs. 15,000 (or such revised amount as notified) are payable to the person who incurs the expenditure on the funeral of the deceased insured person. The Organization shall assist the family of the deceased employee in filing the necessary claims with the ESIC and shall provide all required employment records and wage certificates to facilitate timely processing.

4. Employee Obligations & Claim Process

4.1 Each covered employee shall obtain their ESI Pehchan Card (biometric smart card) through the ESIC portal or the nearest ESI Branch Office and register themselves and their eligible family members (spouse, dependent children, and dependent parents) with the ESI dispensary in their residential area. To avail of sickness benefit, the employee shall submit Form 10 (Sickness Benefit Claim) along with a medical certificate from the ESI-authorised medical practitioner. For accident or disablement benefit, the employee shall submit Form 14 (Accident Report) within 24 hours of the accident, followed by Form 12 (Claim for Temporary Disablement Benefit). Maternity benefit claims shall be submitted using Form 19 along with the expected date of confinement certificate. The HR department shall assist employees in completing and submitting all claim forms to the relevant ESIC Branch Office within the prescribed timelines.

5. Compliance & Record Keeping

5.1 The Organization shall maintain all registers and records as prescribed under the Employees' State Insurance (General) Regulations, 1950, including the Register of Employees (Form 7), Attendance Register (Form 12), Accident Book (Form 11), Inspection Book, and records of contributions paid and benefits claimed. All records shall be maintained for a minimum of 5 years from the date of the last entry or for such longer period as directed by the ESIC. The Organization shall permit inspection of records and premises by ESI inspectors and shall produce all required documents upon demand. Non-compliance with contribution obligations, failure to register employees, or obstruction of inspectors shall attract penalties under Section 85 of the ESI Act, including imprisonment up to 2 years and/or a fine up to Rs. 5,000, and damages under Section 85B for delayed contributions. This policy shall be reviewed annually or whenever the Central Government notifies changes to wage ceilings, contribution rates, or benefit entitlements.

What Is an ESI Policy?

An ESI (Employees' State Insurance) policy is a formal document that outlines an organization's compliance framework under the Employees' State Insurance Act, 1948. The ESI scheme is a self-financing social security and health insurance system managed by the Employees' State Insurance Corporation (ESIC), providing comprehensive medical care and cash benefits to covered employees and their dependants.

The policy covers the organization's obligations for registering establishments and employees, computing and remitting employer and employee contributions, and facilitating access to the full range of ESI benefits including medical treatment, sickness benefit, maternity benefit, disablement benefit, dependants' benefit, and funeral expenses.

A documented ESI policy ensures consistent compliance across all applicable establishments, timely contribution remittance, accurate wage-based calculations, and clear guidance for employees on how to access their ESI entitlements.

Why Your Organization Needs a Documented ESI Policy

The ESI Act applies to all factories employing 10 or more persons and other establishments employing 20 or more persons in notified areas. Non-compliance carries significant penalties under Section 85 (imprisonment up to 2 years and/or fine up to Rs. 5,000) and damages under Section 85B for delayed contributions.

A documented policy ensures that the organization has systematic processes for identifying which employees are covered (those earning up to the Rs. 21,000 monthly wage ceiling), computing contributions correctly on gross wages using the prescribed definition, remitting contributions by the 15th of each month, and tracking contribution periods to ensure seamless benefit eligibility.

The policy also serves as an employee communication tool, helping covered employees understand the benefits they are entitled to, how to register their family members, which dispensaries and hospitals they can access, and the claim process for sickness, maternity, and disablement benefits.

With the ESIC increasingly digitising its operations through the ESIC portal and Pehchan Cards, a well-documented policy helps the HR department stay current with procedural changes and guide employees through the evolving system.

Key Provisions of the ESI Act, 1948

The ESI Act mandates employer and employee contributions on the gross wages of covered employees. The current rates are 3.25% employer contribution and 0.75% employee contribution, totalling 4.00% of gross wages. Employees earning up to Rs. 176 per day are exempt from their share.

Coverage operates on a dual contribution period and benefit period cycle. Contributions paid in April-September provide benefit eligibility in January-June; contributions in October-March provide eligibility in July-December. Once covered at the start of a contribution period, an employee remains covered for the entire period and corresponding benefit period even if wages subsequently exceed the ceiling.

Benefits include full medical care from day one for the employee and family, sickness benefit at 70% of wages for up to 91 days, extended sickness benefit at 80% for serious illnesses up to 2 years, maternity benefit at full wages for 26 weeks, temporary disablement benefit at 90% of wages, permanent disablement pension, dependants' pension for work-related death, and funeral expenses up to Rs. 15,000.

The employer must register the establishment, enrol employees and issue Pehchan Cards, remit contributions monthly, maintain prescribed registers, and permit inspection by ESI inspectors.

How to Implement This ESI Policy

Begin by registering your establishment with the ESIC through the online portal and obtaining your ESI Code Number. Register all eligible employees (those earning up to Rs. 21,000 gross monthly wages) within 10 days of joining and generate their Insurance Numbers.

Configure your payroll system to correctly identify which wages are included in the ESI wage definition (basic, DA, city compensatory allowance, overtime, holiday pay) and which are excluded (annual bonus, conveyance, leave encashment, gratuity, retrenchment compensation). Apply the correct contribution rates and process deductions each pay period.

Establish a remittance calendar to ensure contributions are paid by the 15th of each month. File half-yearly returns within the prescribed timelines. Maintain the registers required under the ESI (General) Regulations, 1950, including the Register of Employees (Form 7), Attendance Register, and Accident Book.

Communicate ESI benefits to all covered employees during onboarding. Help them register their family members, locate their nearest ESI dispensary, and understand the claim process for each benefit type. Keep records updated at the start of each contribution period to correctly identify continuing coverage eligibility.

Frequently  Asked  Questions

Who is covered under the ESI scheme?

All employees drawing gross wages up to Rs. 21,000 per month (the current wage ceiling) working in factories employing 10 or more persons or other establishments employing 20 or more persons in notified areas. Once covered at the start of a contribution period, the employee remains covered for the entire period even if wages exceed the ceiling.

What are the ESI contribution rates?

The employer contributes 3.25% and the employee contributes 0.75% of gross wages, totalling 4.00%. Employees earning up to Rs. 176 per day are exempt from their share of contribution, though the employer's contribution remains payable for them.

What medical benefits does ESI provide?

ESI provides full medical care at ESI hospitals, dispensaries, and empanelled facilities for the covered employee and their registered family members from day one of coverage. This includes outpatient treatment, hospitalisation, specialist consultations, diagnostic tests, surgeries, and prescribed medicines at no cost to the employee.

What is sickness benefit under ESI?

Sickness benefit is cash compensation at 70% of the employee's average daily wages, payable for up to 91 days in two consecutive benefit periods. The employee must have contributed for at least 78 days in the relevant contribution period. Extended sickness benefit at 80% is available for up to 2 years for specified long-term diseases.

What maternity benefit does ESI provide?

ESI provides maternity benefit at 100% of average daily wages for 26 weeks (extendable by 1 month on medical advice). To qualify, the employee must have contributed for 70 days in the preceding two contribution periods. The benefit also covers miscarriage, medical termination of pregnancy, and adoption.

What happens if an employee is injured at work?

Temporary disablement benefit is paid at 90% of average daily wages for as long as the disablement lasts, with no minimum contribution requirement. For permanent disablement, a monthly pension is paid based on the degree of disability assessed by an ESI Medical Board. The employer must report work accidents within 24 hours using Form 14.

What is the ESI contribution period and benefit period?

ESI operates on two contribution periods: April-September and October-March. Benefits are available in corresponding benefit periods: January-June and July-December. There is a 6-month lag between when contributions are made and when benefit eligibility is established.

What penalties apply for ESI non-compliance?

Non-compliance under Section 85 can result in imprisonment up to 2 years and/or fine up to Rs. 5,000. Delayed contribution payment attracts damages under Section 85B. Failure to register employees, obstruction of inspectors, or failure to pay contributions are separate offences, each carrying specified penalties under the Act.
Adithyan RKWritten by Adithyan RK
Surya N
Fact Checked by Surya N
Published on: 3 Mar 2026Last updated:
Share now: